A Parenting Plan in Connecticut is a document that sets forth the parent’s rights and responsibilities concerning their child.
Pursuant to Connecticut General Statutes Section 46-56a(d), a Parenting Plan should address the following:
1. A schedule of physical residence for the child;
2. Provisions allocating decision-making authority to one or both parents regarding the child’s health, education and religious upbringing;
3. Provisions for the resolution of the future disputes between the parents, including where appropriate, the involvement of a mental health professional or other parties to assist the parents in reaching developmentally appropriate resolution to such disputes;
4. Provisions for dealing with the parent’s failure to honor their responsibilities under the Plan;
5. Provisions for dealing with the child’s changing needs as the child grows and matures; and
6. Provisions for minimizing the child’s exposure to harmful parental conflict, encouraging the parents in appropriate circumstances to meet their responsibilities through agreements and protecting the best interests of the child.
So here is a summary:
#1 and #2 address custody and visitation.
#3 and #4 deal with how to handle disagreements and noncompliance with the Plan.
#5 and #6 are designed to help a child adjust and insulate them from disputes between the parents.
A few points:
The Parenting Plan must always be submitted to a court for approval by a judge. The judge usally approves the Plan although there are some instances where the judge may seek clarification to avoid future misunderstandings between the parents.
A Parenting Plan is a more comprehensive version of a custody and visitation agreement. As such, it can be modified in the same manner as other custody and visitation orders.
Please contact me to discuss your Parenting Plan in Connecticut.
A bitter, former partner posted three fake online reviews. Of course, all posts were negative. Jury awarded $150,000 in punitive damages.
Check out this case from Missouri:
Fake Online Reviews Lead To Big Defamation Damages | Lawinfo Blog
Have you heard about divorce insurance? Apparently, it is a form of casualty insurance – the insurance is designed to cover the financial loss resulting from a divorce.
The cost is $15.99 per month per unit of insurance. A unit is worth $1,250. The policies mature after 4 years of marriage.
I did a little more research and discovered that the policies are not currently available. However, the company, Wedlock, is actively looking for underwriters.
I am sure some view the insurance as a scam. Others probably feel that it rewards the insured if the marriage fails. Maybe there are some who consider it to be a good investment.
I think you can get better protection by having a valid prenuptial or postnuptial agreement. Much better “insurance” for much less money. A far superior investment in my opinion.
Here is more information: Marriage Insurance
This blog is about Connecticut DCF appeals concerning a DCF Substantiation and/or a Central Registry decision. It does not pertain to appealing other orders, which were entered in the Juvenile Court.
As mentioned in a previous blog, DCF has 45 days to complete their Investigation. At the conclusion of the Investigation, the parent or guardian will receive a form called “Notice of Investigation Results.” Obviously, no need to appeal if the case is “Unsubstantiated.” However, if the matter is “Substantiated” you may wish to appeal. If you are being placed on the Central is Registry you should appeal.
The first step in the appeal process is to request an Internal Review. You must make this request in writing within 30 days of receiving the Notice of Investigation Results.
DCF has 30 days to perform the Internal Review. This process involves another look at your case, usually by a member of their Legal Unit or Social Work Supervisor. You are entitled to submit any documentation that is relevant to the issues being appealed. In addition, DCF will often agree to a sit down with you and/or your attorney to discuss issues.
In the event that the Substantiation is upheld, you must ask for an Administrative Hearing within 30 days. The Hearing is an opportunity to cross examine the State’s witnesses and bring in witnesses of your own. You can also present any documents, which support a reversal of the original decision. A Hearing Officer presides and must render a written decision within 30 days.
A few points:
1. It is extremely important to present your best case at the Administrative Hearing level. While you can appeal the Hearing Officer’s decision to the Superior Court, your chances of success there are slim. The Superior Court grants deference to the decision made by the Hearing Officer.
2. Be careful how you handle other parallel court matters. If another court makes certain findings, you may be barred from appealing your Substantiation. Watch out in particular for how a Juvenile Court case or a criminal case is resolved.
3. Some cases lend themselves nicely to “cutting deals with DCF.” For example, you may make certain concessions in exchange for DCF reversing other findings. Skilled negotiation in this area is of utmost importance.
I represent clients through out Connecticut in all DCF related matters.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding Connecticut DCF Appeals.
Lawyers for Charla Nash have filed for permission to sue the State of Connecticut. They argue that that Department of Environmental Protection failed to exercise their authority to seize the chimp.
The State of Connecticut contends they are not liable since they did not own the chimp nor did the State have any role in letting it loose when it attacked the victim.
Chimp attack victim asks for $150M lawsuit vs. Conn. to proceed; state says it’s not liable – The Washington Post
Most cases involving lawsuits against the State garner little interest. There are many cases where the State Claims Commissioner allows the State to be sued. For example, when someone is injured on property that the state failed to maintain or if a child is injured in state care while in a DCF licensed foster home.
However, since this case is tragic and involves a unique set of facts, the hearing has received a lot of attention.
I think it is a close call but I suspect the lawsuit against the State will not be permitted. It just seems that the State’s involvement is too attenuated. Plus allowing a suit of this magnitude will set unwanted precedent.
Here is the statute for bringing claims against the State:
Sec. 4-147. Notice of claim. Filing fees. Any person wishing to present a claim against the state shall file with the Office of the Claims Commissioner a notice of claim, in duplicate, containing the following information: (1) The name and address of the claimant; the name and address of his principal, if the claimant is acting in a representative capacity, and the name and address of his attorney, if the claimant is so represented; (2) a concise statement of the basis of the claim, including the date, time, place and circumstances of the act or event complained of; (3) a statement of the amount requested; and (4) a request for permission to sue the state, if such permission is sought.
You were in a serious accident and your car was damaged. It has been repaired, but it is no longer as valuable as it once was. Can you recover compensation for the difference between the resale value of your car before the accident and after it?
Unfortunately, many insurance companies do not cover diminution of value and may even specifically exclude it.
If, however, a third party caused the accident, then the third party may be responsible for the diminution in the car’s value. To recover compensation after such an accident, you must submit a claim against the third party’s insurance company. You may be able to recover compensation for the difference between the reasonable market value before the accident and the market value after the accident.
Why can’t you recover compensation for diminished value through a first-party claim?
The answer is that insurance policies generally do not allow for this coverage. Instead, insurance covers the cost of repairs to restore the car to its previous condition. This is in contrast to a third-party claim, which is based on negligence / tort law. Under tort law, a party can recover the difference between the value before the accident and the value after the accident. In other words: the total diminution.
As to be expected, insurance companies are quick to say that repairs are enough to make a car as valuable as it was before a car accident. It is true that Kelley Blue Book does not compare vehicles with accident records to those that have not been in an accident, but many people will not purchase a vehicle that has been in an accident for the Blue Book price.
If you have questions about what your insurance company will cover after a car accident, take the time to speak with a personal injury lawyer.
Source: OLR Research Report, “Insurance Claim for Car’s Diminished Resale Value,” Janet L. Kaminski, Jan. 3, 2007.
Please email me or call (203) 259-5251 if you have any questions about a car accident in Connecticut.